Legal Opinion
Birch v. Polaris Industries, Inc.
Court of Appeals for the Tenth Circuit
Decided December 23, 2015No. 15-4066PublishedCited by 275 opinions
1Opinion of the Court
MATHESON, Circuit Judge.
Virl Lane Birch died when the off-road vehicle in which he was riding flipped over and pinned him to the ground. His surviving family members sued Polaris Industries, the vehicle manufacturer, for strict products liability, negligence, and breach of warranty, invoking the district court’s diversity jurisdiction under 28 U.S.C. § 1332. Arguing there was no evidence Mr. Birch’s vehicle was defective at the time of sale, Polaris moved for summary judgment. Well after the deadlines for amending the pleadings and for discovery had passed, Mr. Birch’s survivors filed motions…
2Cases cited19 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Ocelot Oil Corporation v. Sparrow IndustriesCourt of Appeals for the Tenth Circuit · 1988
- Gorsuch, Ltd., B.C. v. Wells Fargo National Bank Ass'nCourt of Appeals for the Tenth Circuit · 2014
- Hancock v. American Telephone & Telegraph Co.Court of Appeals for the Tenth Circuit · 2012
- Pens. Plan Guide P 23922q Juanita Yeager v. Reliance Standard Life Insurance CompanyCourt of Appeals for the Sixth Circuit · 1996
14 more not listed; retrieve them via the Exa API.
3Cited by275 opinions
- Tesone v. Empire Marketing StrategiesCourt of Appeals for the Tenth Circuit · 2019
- Gutierrez v. Luna CountyCourt of Appeals for the Tenth Circuit · 2016
- Husky Ventures, Inc. v. B55 Invs., Ltd.Court of Appeals for the Tenth Circuit · 2018
- DePaula v. Easter Seals El MiradorCourt of Appeals for the Tenth Circuit · 2017
- Fassbender v. Correct Care Solutions, LLCCourt of Appeals for the Tenth Circuit · 2018
270 more not listed; retrieve them via the Exa API.